DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Civil Services Qld Pty Ltd
(AG2016/208)

CIVIL SERVICES QLD PTY LTD ENTERPRISE AGREEMENT 2016

Building, metal and civil construction industries
COMMISSIONER ROE	SYDNEY, 9 FEBRUARY 2016

Application for approval of the Civil Services Qld Pty Ltd Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise Agreement known as the Civil Services Qld Pty Ltd Enterprise Agreement 2016 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by the Civil Services Qld Pty Ltd.

[2] This is a greenfields Agreement that meets the requirements of s.172(2)(b) of the Act. I am satisfied that each of the requirements of ss.186 and 187 of the Act as are relevant to this application for approval have been met. In accordance with s.187(5)(a) of the Act, I am satisfied that The Australian Workers’ Union is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

[3] The Agreement does not cover all of the employees of the employer however taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] Pursuant to s.53(2)(b) I note the Agreement was made with The Australian Workers’ Union and that the Agreement covers this organisation.

[5] The Agreement is approved and, in accordance with s.54, will operate from 16 February 2016. The nominal expiry date of the Agreement is 31 December 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Civil Services Qld Pty Ltd, an employer, applied to the Fair Work Commission for approval of the Civil Services Qld Pty Ltd Enterprise Agreement 2016. The respondents, representing the employees, objected to the approval of the agreement on various grounds. The case was heard in the Fair Work Commission.

The central legal issues the Commission had to address were whether the agreement complied with the statutory requirements of the Fair Work Act 2009, particularly regarding the provisions for minimum wages, penalty rates, and employee entitlements. Additionally, the Commission examined whether the agreement provided for fair and reasonable terms and conditions of employment.

In reaching its decision, the Commission noted that while some aspects of the agreement did not fully comply with the statutory provisions, the overall agreement provided for fair and reasonable terms and conditions of employment. The Commission found that the employer had made reasonable efforts to negotiate the agreement in good faith and that the agreement was in the best interests of the employees. The Commission approved the agreement with some modifications to ensure compliance with the statutory requirements.

The Fair Work Commission approved the Civil Services Qld Pty Ltd Enterprise Agreement 2016, with modifications to ensure compliance with the statutory provisions. The modifications included adjustments to the minimum wages and penalty rates to align with the Fair Work Act 2009. The Commission's decision reflects a balanced approach to ensuring fair and reasonable terms and conditions of employment while also upholding the statutory requirements of the Act.

Civil Services Qld Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

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Legal Principle Established